Tag: unconstitutional constitutional amendment
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Symposium on the Judicial Overhaul in Mexico Epilogue: Abusive Judicial Reform in Mexico
—Irene Parra Prieto, IACL-AIDC blog, Rosalind Dixon, University of New South Wales, & David Landau, Florida State University College of Law [Editors’ Note: This is the 9th entry, and the “Epilogue,” of a symposium on the recent constitutional amendments affecting the judiciary in Mexico.
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Symposium on the Judicial Overhaul in Mexico Part 8: The Problem of the Amending or Revising Power and Its Constitutional Limits
—Imer B. Flores, Instituto de Investigaciones Jurídicas, UNAM [E]very constitution as a whole is a limit,constitutional government means limited government.Hilario Medina [Editors’ Note: This is Part 8 of a symposium on the recent constitutional amendments affecting the judiciary in Mexico. The introduction to the symposium can be found here.
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Symposium on the Judicial Overhaul in Mexico Part 7: A Predicament of Its Own Making – On the Supreme Court of Mexico’s Conundrum on the Limits of Amendment Powers
—Jaime Olaiz-González, Universidad Panamericana (Mexico City)[1] [Editors’ Note: This is Part 7 of a symposium on the recent constitutional amendments affecting the judiciary in Mexico. The introduction to the symposium can be found here. The symposium pieces are cross-posted at ICONnect (in English) and at IberICONnect (in Spanish).
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Constitutional amendments review without entrenchment in Israel? Common law constitutionalism and the limits of judicial review reform
—Paolo Sandro, University of Leeds Introduction Last month Netanyahu’s government, despite the unprecedented mass demonstrations taking place on a weekly basis across Israel for months now, has passed what is likely to be only the first step of their proposed overhaul of the Israeli judicial system.
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An Unconstitutional Constitutional Amendment. Mongolian Constitutional Court modifies the Checks and Balances. One Step forward, Two Steps back
—Geser Ganbaatar, P.h.D Student, University of Milan, Italy. Mongolia has become a de facto one-party dominant system after two parliamentary elections in 2016 and 2020. Thanks to the highly disproportional electoral system, the Mongolian People’s Party (MPP) has obtained a supermajority of legislative seats (eighty-five and eighty-one percent respectively), while obtaining a mere forty-five percent…
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Basic Structure and Tiered Amendment Processes: The Kenyan Supreme Court’s BBI Ruling
—Gautam Bhatia, SCRIPTS Centre for Excellence, University of Humboldt, Berlin [Editors’ Note: This is the fourth and final post in a joint symposium on the Building Bridges Initiative (BBI) in Kenya, through which President Uhuru Kenyatta attempted to introduce the Constitution of Kenya (Amendment) Bill, 2020.
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The BBI Judgment: Of Basic Structure Doctrines and Participatory Constitution-making
—Dr Silvia Suteu, Associate Professor, University College London Faculty of Laws [Editors’ Note: This is the third post in a joint symposium on the Building Bridges Initiative (BBI) in Kenya, through which President Uhuru Kenyatta attempted to introduce the Constitution of Kenya (Amendment) Bill, 2020.
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The Contingent Role of the Basic Structure Doctrine for Constitutionalism in Africa
—Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] Kenyan courts’ use of the basic structure doctrine to strike down President Uhuru Kenyatta’s the…
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The Constitutional Chamber in El Salvador and Presidential Reelection: Another Case of Constitutional Authoritarian-Populism
—José Ignacio Hernández G., Fellow, Growth Lab-Center for International Development Harvard; Professor of Administrative Law at Universidad Católica Andrés Bello; Invited Professor, Universidad Castilla-La Mancha, and Tashkent University. A few months after the mass removal of the constitutional judges in El Salvador, the new Constitutional Chamber of the Supreme Court issued ruling number 1-2021, dated…
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Constituent Power and the Politics of Unamendability
—Mara Malagodi, The Chinese University of Hong Kong, Faculty of Law; Rehan Abeyratne, The Chinese University of Hong Kong, Faculty of Law; and Ngoc Son Bui, The University of Oxford [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.]